The High Court granted the Chief Executive Officer of the Kenya Hospital Association (KHA) Dr. Felix Osano and 11 others an anticipatory bail of Sh100,000.
The directors, led by Osano, had moved to court seeking protection from what they termed as intimidation, harassment, and potential unlawful arrest.
They have sued the Inspector General of Police Douglas Kanja, the Directorate of Criminal Investigations (DCI) Mohammed Ibrahim Amin and the Director of Public Prosecutions (DPP) Renson Ingonga.
In their application, the directors argued that they have not committed any criminal offense but were facing imminent arrest due to their association with the hospital’s board.
They told lady Justice Diana Kavedza summons issued against them and a search warrant obtained by the DCI on March 21, is an indicator of a looming unlawful arrest and detention despite their willingness to cooperate with authorities.
“The applicants assert that they are law-abiding citizens and that the investigations are being used as a tool of coercion and intimidation,” read court documents.
The court, while granting anticipatory ruled that the applicants’ constitutional rights needed to be protected.
Lady Justice Kavedza granted each director anticipatory bail of Sh100,000.
However, the court said that the police are free to proceed with investigations and, if necessary, charge the directors.
If charges are preferred, the accused will be required to present themselves before the appropriate court for plea-taking without being arrested.
The court also directed the applicants’ lawyers to ensure the applicants report to the DCI for questioning when required, provided they are given sufficient notice.
“Upon the conclusion of investigations, and if a decision to charge the applicants has been made, the respondents shall not arrest or detain the applicants but they shall be informed of the court where they are to appear for plea taking,” said Kavedza.
Elsewhere, the High Court stopped the ongoing probe at the Nairobi Hospital, pending the determination of a petition filed by the hospital’s board of directors.
Judge John Chigiti blocked the multiagency team led by the Directorate of Criminal Investigations (DCI) from conducting the probe, which started last Friday with the raid at the premier facility. The judge granted the order after the management complained that the DCI officers had carted away documents and equipment containing sensitive patients’ data, raising serious concerns of potential compromise of patient confidentiality and a possible breach of right to privacy.
“That leave so granted do act as a stay in respect of proceedings or decision to undertake or continue investigations over all matters listed in the affidavit of chief inspector Martin Munene sworn on 20th March 2025,” the court order said.
The court further directed the police to unfreeze bank accounts of 12 board of directors of the hospital, as well as MPesa accounts, who were targeted in the probe.
At the same time, a judge in Kibera granted the 12 board members anticipatory bail of Sh100,000 each, blocking the police from arresting and charging them.
“For the avoidance of doubt, the respondents (the police) are at liberty to investigate or charge the applicants for any criminal conduct. However, they shall not arrest or detain the Applicants in view of the order above or until further orders of the court,” the judge ordered.
Chigiti allowed the hospital’s lawyer, Gitobu Imanyara, to file a petition challenging the warrants obtained by the DCI and the investigations into the affairs of the facility.
Justice Chigiti directed the case to be mentioned on April 7.
The hospital said in a statement that the
DCI officers carted away sensitive documents, raising serious concerns of a possible breach of the right to privacy.
“As a law-abiding institution, The Nairobi Hospital is committed to upholding the rule of law while also fiercely protecting the constitutional right to privacy under the Data Protection Act. We are actively engaging with the Office of the Data Protection Commissioner and other relevant authorities to seek clear guidance, accountability, and the swift resolution of any emerging risks to our patients’ data,” the hospital said.
Imanyara said the Attorney General, using the registrar of companies, demanded from the board documents on its membership and the status of its board of management from 2019 to date.
He said that while the management was in the process of preparing the documents, because they are voluminous, the Attorney General moved to the Milimani court and obtained the search warrants.
He said the order also allowed the multi-agency team to cart away original copies of documents, computers, laptops, iPads, tablets, digital devices and other equipment belonging to the hospital. Imanyara submitted that the actions were unlawful, irrational and disproportionate since the investigations were not an honest endeavour at the enforcement of criminal law, as there are ongoing disputes on the leadership between various officers of Nairobi Hospital.
He further said the investigations were commenced with a view to having a collateral attack against the current board.
The lawyer submitted that the items and electronic equipment that were confiscated contain patient information and the investigations were in breach of the Health Act as well as patients’ privacy and confidentiality.
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